Manhattan Premises Liability Attorneys
We’ve Won $500,000,000+ for Our Clients
If you were injured on someone else's property due to the property owner’s negligence, you might be able to file a premises liability claim to seek justice and compensation. Premises liability claims usually involve property insurance companies, though, which are notorious for throwing resources at claims to quickly resolve them for less than their true value. Before you get into the process and overwhelmed, team up with the Manhattan premises liability lawyers of Dansker & Aspromonte Associates, LLP.
Our premises liability attorneys can handle cases involving accidents at:
- Retail stores
- Homes and apartments
- Schools and government property
- Public parks
- Streets and parking lots
When you put us in charge of your case, you can leave all the difficult parts of your claim up to our highly experienced team. We know how to navigate the case from start to finish, like investigating the accident and determining liability. You’ll also appreciate that we can deal with the defendant and insurance companies on your behalf, so you never have to worry about being pushed around as you seek compensation. Let us fight for you today.
Understanding Premises Liability Cases
The basic concept of premises liability is that a property owner or property manager (which can include a tenant renting a space) must keep it reasonably safe and free of hazards so no tenants or visitors are injured while there. When a hazard is on the property, the owner or manager must take reasonable steps to address it. If this is not done and someone is hurt by the hazard, a premises liability case may result in a substantial recovery.
Common examples of hazards that lead to premises liability claims are:
- Wet floors: Warning signs should be placed around any wet spots on the tile floor of a retail store, grocer, or another commercial property. When these signs are not used, the risk of someone slipping and falling will increase.
- Uneven stairs: Many premises liability claims that we have handled in the past have involved uneven or crooked stairs. Even while paying attention to their steps, a visitor who attempts to go up or down uneven stairs could stumble and get hurt.
- Missing handrails: Another common hazard of staircases and steps is missing or damaged handrails. Depending on the type of stairs and the layout of the property, it might be a violation of various laws or reasonable standards of practice in the building industry.
- Damaged sidewalks: Throughout Manhattan and the rest of New York City, damaged sidewalks are common. If someone trips on a piece of damaged sidewalk, the liable party could be the City of New York, a private landowner, a public agency, or another party, depending on where exactly the sidewalk was located.
Manhattan Property Owner’s Duty of Safety for Visitors and Tenants
A property owner has a duty to take reasonable steps to ensure the safety of visitors and tenants. This requirement applies to owners and managers of all types of properties, including residential, commercial, private, public, and industrial properties. The key term in this definition is “reasonable,” which can be open to some argument based on the details of each individual premises liability case. You should work with our Manhattan premises liability lawyers who can argue that the property owner did not act reasonably when looking for or addressing hazards on their property that could hurt visitors or tenants.
Importantly, New York law does not make a clear distinction between a typical visitor and a trespasser, as many other states do. In New York, a trespasser has the same right to sue for compensation if they are hurt by a property hazard that reasonably should not have been there had the property owner been more diligent and responsible.
Elements of a Manhattan Premises Liability Claim
Every premises liability claim will depend on the plaintiff’s ability to prove that the property owner or manager was negligent. As with all personal injury claims, negligence depends on several key elements in a premises liability claim.
The four key elements to prove negligence are:
- Duty of care: The defendant must have owed a duty of care to the plaintiff. Did the property owner owe you a safe space without hazards? Typically, the answer is ‘yes’ by default but you’ll still need to prove it.
- Breach: The defendant must have breached or failed to uphold the duty of care owed to you as a visitor. For example, if a grocery store did not put a wet floor warning sign after cleaning up a spill and you slipped, then it could be argued that the defendant breached that duty.
- Causation: There must be a provable connection between the plaintiff’s injuries and the defendant’s breach of duty. Evidence and arguments from an attorney can be used to confidently prove causation.
- Damages: Lastly, the plaintiff must have suffered damages due to the defendant’s mistakes. Damages can take many forms, so this element of a premises liability is generally considered the easiest to establish. However, the exact amount of damages can be difficult to calculate and prove, especially without an attorney’s help.
Economic & Non-Economic Damages in Your Claim
Our Manhattan premises liability attorneys don’t fight for anything less than the maximum amount of compensation that we can secure for a client. We will use our decades of experience to help you build a strong claim and determine the fair and reasonable amount of each and every type of damage you sustained.
Damages in a premises liability claim are usually separated into two categories:
- Economic: Tangible fiscal losses like lost wages, medical expenses, and property damage costs.
- Non-economic: Intangible losses like pain, suffering, and lessened enjoyment of life.
In rare cases, a court might approve punitive damages to punish the defendant for unforgivable negligence. For example, a jury might award punitive damages against a bar or restaurant for continuing to serve alcohol to an intoxicated patron who then drove drunk and struck and killed a pedestrian.
Discuss Your Options – Call Our Firm Today
After a serious premises liability accident, you can be confident that the premises liability lawyers at Dansker & Aspromonte Associates, LLP will help you recover what you deserve. Your fight if our fight. Your goals are our own. Let us stand by your side and lead the way in this difficult time.
Brain Damaged Child $50 Million
A four-year-old boy was brought to the hospital for a routine eyelid repair. To cut costs, the hospital contracted out its anesthesia services to a third-party corporation.
Wrongful Death $21.5 Million
This accident occurred in the Bronx when our client was working on a sanitation truck. The driver lost control while making a turn. Our client was ejected and the truck ran over his leg.
Pedestrian Injury $10.3 Million
A 22-year-old theater intern was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was struck by the rear door of a passing truck which had flown open because it had been improperly secured by the driver.